Alabama Lemon Law Firms:
This is a list of law firms that are registered as specializing in Alabama lemon law cases.

Alabama Code § 8-20A-1 through § 8-20A-6

Section 8-20A-1

Definitions

As used in this chapter, the following terms shall have the respective meanings as indicated:

(1) Consumer.

The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

(2) Motor vehicle.

Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more.

(3) Manufacturer.

The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.

(4) Motor vehicle dealer or Authorized dealer.

The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.

(5) Express warranty.

A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

(6) Nonconforming condition.

Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.

(7) Notice of a nonconforming condition.

A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.

(8) Lemon law rights period.

The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.

Section 8-20A-2

Obligations of manufacturer

(a) If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer's obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.

(b) If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:

(1) The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

(3) All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and

(4) Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.

(c) It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:

(1) The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or

(2) The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

Section 8-20A-3

Cause of action against manufacturer

(a) A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer must give notice of a nonconforming condition by certified United States mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time such notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed 14 calendar days. If a manufacturer has established an informal dispute settlement procedure which is in compliance with federal rules and regulations, a consumer must first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

(b) It shall be an affirmative defense to any claim against the manufacturer under this chapter that: (i) an alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or (ii) a nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.

(c) If it is determined that the manufacturer has breached its obligations imposed under this chapter, then the consumer shall be entitled to recover, in addition to the remedy provided under Section 8-20A-2 above, an additional award for reasonable attorneys fees.

Section 8-20A-4

Resale of returned motor vehicle

If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:

(1) The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.

(2) The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement:

THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.

Section 8-20A-5

No dealership liability

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may not be made a party defendant in any action involving or relating to this chapter. The manufacturer shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.

Section 8-20A-6

Statute of limitations

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.

In simple terms, the Lemon Laws state that if you acquire (and in some states, lease) a new or used car or other car covered by a manufacturer's warranty that struggles to consistently run after repair attempts, and the original producer can't correct it in spite of duplicated efforts (within a stipulated time limit that varies from state to state), or if the automobile is not drivable for a defined period of time (often 30 days) because of its shortcomings, you are qualified to a broad number of damages, including:

1. Monetary restitution
2. A compensation of the purchase cost
3. A brand new vehicle
Additionally, just about all the Lemon Laws (and the Federal Warranty Law) feature a fee transferring mechanism that provides that if you win your suit, the original equipment manufacturer or dealership that sold you the lemon is required to compensate you for legal expenses.


Lemon Law Regulations
State Lemon Law Statutes
Each of the 50 states has a unique Lemon Law statute. Although the wording of each state's statute vary, the typical state Lemon Law statute provides help for consumers with a nonfunctional auto covered by a warranty if:

1. The dealership or original equipment manufacturer cannot rightly fix a specific gremlin in the vehicle after a sensible number of repair tries (normally at least 3);
2. The vehicle cannot be driven for at least 30 days due to flaws in the automobile; or
3. The car dealership or original equipment manufacturer just can not remedy a failing that is a endangering safety hazard.

More often than not, a bad car is a car with a condition or condition that largely cripples its use, marketability, or safety to the consumer and doesn't comply with the written warranty. In most instances, the period of time during which the Lemon Laws apply are rather short; the flaws and resultant repair attempts (or out-of-service time) often will happen during the first two-years or 24,000 miles of consumer ownership of the motor vehicle. However, a number of states have even shorter time periods. Also, virtually all states have notification and activation prerequisites, such as expecting the consumer to send out registered mail notice to the manufacturing business of the troubles and presenting the car dealership a period to remedy the car. Furthermore, various states expect that Lemon Law suits be solved through an arbitration proceeding.

Generally, state Lemon Law regulations also are applicable to leased vehicles and preowned cars bought whilst under the makers written warranty. A lot of state Lemon Laws also are applicable to vehicles other than passenger cars. depending on the customer's state of residence, or the state in which the consumer purchased the vehicle, Lemon Laws may be applicable to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer items (like electronics)
There are many effective resolutions available under the Lemon Laws. U.S. statesten times, if the manufacturing business cannot correct the car, the consumer can either require the manufacturing business to replace the car, or make the manufacturer to reposess the car and payback the price paid plus incidental damages, like all fees, towing costs, repair costs, associated travel charges and other damages incurred by the consumer as a consequence of the flaws in the car. Another important resolution available under most Lemon Laws is attorneys' expenses. In most states, if you prevail in a Lemon Law lawsuit, you will not have to pay any laywers' expenses-the car maker that sold you your lemon is forced to pay for your court charges.

The defendant auto manufacturing business can assert several defenses to a Lemon Law claim. The common regulation extends that the maker is not liable if it can affirm that the shortcomings at issue were caused by maltreatment, carelessness, or the modification or alteration of a automobile by a party other than the original maker, an agent, or an authorized repair facility. Put differently, if the consumer damages his or her own vehicle, or the defects were a consequence of changing or changes executed by an unauthorized party, the original maker may not be liable.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that controls consumer product warranties. Sanctioned by Congress in 1975, the Magnuson Moss Act requires manufacturers and sellers of consumer products to give customers explanatory info about warranty coverage. In addition, it infects both the rights of customers and the obligations of warrantors under original warranties.

Even though the Magnuson Moss Act doesn't call for an car original equipment manufacturer to supply purchasers with a warranty, if a warranty is provided, the Magnuson Moss Act provides several protections for the consumer. The Magnuson Moss Act makes it more easy for consumers to sue for breaking the warranty by making breach of warranty noncompliance of federal law, and by allowing for customers to recover litigation charges and reasonable attorney's charges.

The Magnuson Moss Act is often useful in a lemon suit where, for some reason, a state Lemon Law claim is not available or otherwise unfavorable. For instance, contrary to the rather short period provided to customers inside many Lemon Laws, you can record a claim for breach of warranty after the warranty period has passed if the defects happened during the warranty period. Additionally, although a few Lemon Laws restrict their coverage to a very specific offering of vehicles, the Magnuson Moss Act is relevant to nearly all consumer goods. The Magnuson Moss Act may also be applicable if you purchased or leased a preowned vehicle without a manufacturing business warranty, or if the vehicle is covered by a service agreement or other form of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been passed in every U.S. state. It is the prime basis of law governing consumer warranties, including cars and other items. The UCC offers another legal course for public consumers with lemon troubles.

UCC code stipulates that the consumer of a product is entitled to return merchandise which do not perform in any aspect to the consumer agreement. In essence, if your brand new product does not operate as guaranteed by the manufacturing business (your manufacturer warranty is part of your agreement), you can have a claim referencing the UCC in addition to whatever other claims you may have.

The period for returning a car with the UCC is not limitless. If you reveal a gremlin in your car within a fair posession period, you can refuse the car. Unfortunately, brand new vehicles are often technically complex and you might not acknowledge whether your vehicle conforms to the consumer agreement till after you acquire the vehicle and troubles begin to arise. In essence, if Long after this posession time you do not take back the vehicle, you will be alleged to have approved of it and will have no claim through the UCC.

The duration of the review time period is not outlined in the statute. State courts determine how long the fair review period is based on the buyer's proficiency and past experience, the buyer's trouble in identifying the problem, and the buyer's chance to reveal the problem.

In spite of this limitation, the UCC says that in certain cases where a purchaser is alleged to have accepted goods (i.e. the fair review time period has expired), a purchaser may still take back his favorable reception of those product where the non-conformity considerably degrades the economic value of the product to him. Those examples include cases in which it proves laborious to expose the nonconformity or the purchaser was assured that the non-conformity would be fixed. In different words, the court will pardon the purchaser from not having rejected the product where the purchaser could not have sensibly done so, or where the manufacturer promised the buyer that the problems would be repaired.
Once a car excessively fails and you have to keep taking it back to the car dealership for repair under the written warranty, the vehicle lemon law can be your next course. The problem should be substantial in which it intereferes with your driving the vehicle or your safety. A vehicle stalling frequently would be a substantial problem. This is precisely the type of condition that could diminiah your driving and your safety. Under the automobile lemon law you are not expected to demonstrate why the car is stalling, you only have to prove that it is stalling. Put simply you need to check the lemon law in these 3 examples: the car keeps breaking within the warranty time period, the car is a safety hazard, the car dealership is incapable to rebuild the car when it is warranted.

If you have a car which is a lemon you can immediately write to the original producer and ask for a replacement car. If this demand is not acceptable to the original producer, you can enter into an arbitration process. A few manufacturers have their own arbitration process. Other manufacturers employ external arbitration program such as Autoline by the Better Business Bureau. The proposition of the arbitrators is binding on the original producer but not on the consumer. If unsatisfied with the judgment, the consumer can take the original producer to court.

Virtually all regulations provide that the consumer needs to be restored back to the financial situation they were in before they purchased the automobile, less the amount of money that the consumer benefited from by using the automobile. To get the payback total a number of factors are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some nearly new used vehicles will qualify under normal lemon laws. For example, a pre-owned car might fall under regular lemon laws if it is less than 1 year old and has got less than 12,000 miles on the odometer. States which do have a pre-owned car lemon law may be additionally cooperative with the age and measure of mileage. Still, the car must be sold by a car dealership that extends a written warranty. Individual sales aren't included, neither are cars sold under a certain price paid. There might be additional restrictions to a used car lemon law such as the functions in which the automobile is pre-owned or the classification of automobile. Vintage motor vehicles, are ordinarily excluded from pre-owned car lemon laws. Used car lemon laws commonly cover a much shorter period of time than new car ordinances. They often range from 30 to 90 days, depending on your used car's mileage.
When selecting a lawyer for your lemon case, make sure that your lawyer is knowledgeable about the laws that are applicable to your state. Also enquire about the fee structure. Many lemon law lawyers demand a rather modest retainer to cover a lemon law claim, and afterward, the attorney's fees are billed to the manufacturer. Therefore, lemon law claims are oftentimes very low-cost to customers. The reimbursement of attorney fees differs from state to state. About one-half of the states permit you to recuperate your Lawyer invoices if you win. The attorney's fee is based upon actual time logged instead of being tied to any portion of the recuperation. In a few States, you will pay the manufacturing business* lawyer's invoices if you lose.

Consumers ought to record their complaints in writing and hold a copy. In all written communication, always make clear how problematic it is to bring the car to the dealership for corrections and that the reliableness that the customer thought He or she was buying has been non-existent. Any written communication with a dealer or manufacturer must be sent using certified postal service. In many suits the manufacturers claim that they have not had the essential number of endeavors to remedy the problem. They assume on the fact that the customer doesn't retain repair sheets for each instance they have driven the car into the dealership. They also assume on the possibility that the repair sheets have different items repaired each instance evidencing that they haven't fixed the same defect. Consumers ought to reply by expecting that authorized dealerships always grant them a warranty repair sheet. Consumers should also reason that these unrecorded trips are attempts.

Make sure to be knowledgeable of your rights under the lemon laws. Upon purchase, immediately scan your owner's manual and warranty references entirely, along with the data on lemon law rights which you ought to receive when you choose your motor vehicle. Don't rely on your car dealership to describe which defects are covered by warranty. If your car dealership states that a defect is not covered and you think that she is being deceptive, be composed but confident. Don't be frighted to bring out the segment of the warranty that applies, or to call the original equipment manufacturer for substantiation using the contact data included in your owner's manual. You shouldn't have to pay for repairs related to to lemon law complaints. It's also important to give notice the original equipment manufacturer of a complaint right away. If you believe that your motor vehicle has a condition what just can't be remedied, check into your lemon law rights to see when you are able to file a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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